In Laufer v. Naranda Hotels, LLC, No.20-2348 (4th Cir. Feb. 15, 2023), the Fourth Circuit holds that a disabled customer had Article III standing to pursue her ADA claim against a Baltimore, MD hotel with an allegedly non-compliant website. I previously discussed this issue in a October 5, 2022 blog entry. “According to [her] Complaint,Continue reading “Fourth Circuit Joins First and Eleventh in Holding That a Disabled Tester Incurs an Informational Injury When Denied Access to Information on a Hotel Website, Creating Article III Standing”
Monthly Archives: February 2023
Second Circuit Holds That Foreclosure Order That Defers Calculation of Judgment Is Not a Final Appealable Order
In RSS WFCM2018-C44 – NY LOD, LLC v. 1442 Lexington Operating DE LLC, No. 22-1 (2d Cir. Feb. 13, 2023), the Second Circuit holds in a matter of first impression for the circuit that a foreclosure order that also “refers the case to a magistrate judge to calculate the amount of the judgment of foreclosureContinue reading “Second Circuit Holds That Foreclosure Order That Defers Calculation of Judgment Is Not a Final Appealable Order”
Third Circuit Panel Divides Over Whether a Federal Agent Can Take an Interlocutory Appeal Under the Collateral Order Doctrine of an Order Denying Dismissal of a Bivens Cause of Action
In Graber v. Boresky, No. 21-1407 (3d Cir. Feb. 10, 2023), a 2-1 panel holds that there is no automatic interlocutory appeal under the collateral order doctrine of a district court decision on a Fed. R. Civ. P. 12(b)(6) motion that there is a cause of action under Bivens v. Six Unknown Agents of FederalContinue reading “Third Circuit Panel Divides Over Whether a Federal Agent Can Take an Interlocutory Appeal Under the Collateral Order Doctrine of an Order Denying Dismissal of a Bivens Cause of Action”
Eighth Circuit Holds That Non-Conclusory Allegations “On Information And Belief” May Be Considered Among the Well-Pleaded Allegations of a Civil Complaint Under Twombly
In Ahern Rentals, Inc. v. EquipmentShare.com, Inc., No. 22-1399 (8th Cir. Feb. 7, 2023), the Eight Circuit joins other circuits in holding that “allegations pled on information and belief are not categorically insufficient to state a claim for relief where the proof supporting the allegation is within the sole possession and control of the defendantContinue reading “Eighth Circuit Holds That Non-Conclusory Allegations “On Information And Belief” May Be Considered Among the Well-Pleaded Allegations of a Civil Complaint Under Twombly”
Eleventh Circuit Splits with Second and Holds That Contempt Order Without Sanctions Is Not An Appealable Final Order
Declaring a split with the Second Circuit, the Eleventh Circuit in In re Grand Jury Subpoena, FGJ-21-01-MIA, No. 21-13651 (11th Cir Jan. 31, 2023) holds that when a district court holds a party in civil contempt for failing to comply with a subpoena but enters no sanctions, the order is not an appealable final order.Continue reading “Eleventh Circuit Splits with Second and Holds That Contempt Order Without Sanctions Is Not An Appealable Final Order”
Paul Mollica's Federal Courts Blog 